- “I love this so much. I get to speak with people from all over the world and make some extra money in my free time!” Jennifer Ryland, New York.
- “これが素晴らしいアップなあ。暇の時外人に日本語を話してお金を稼ぐ” 浜崎愛, Tokyo.
- “One hour on Native is almost triple what I earn at work!” David Smith, San Francisco.
- “I find Native a great way of making money for just having a conversation” Peter Strauss, London.
- “Going live on the Native network is now part of my daily routine” , London.
TERMS OF SERVICE
The following Terms of Service, which include the Site Policies, are a contractual agreement between you and Native (including our corporate subsidiaries). The Terms of Service together with the Site Policies are collectively referred to as the "Agreement" and as the "Terms of Service." Certain defined terms used in this Agreement are available here. By visiting or using the services available from the domain and sub-domains and mobile apps of www.getnative.co (the "Site"), you are agreeing to be legally bound by the Agreement. We suggest that you consult the Terms of Service and the linked information regularly for updates. We reserve the right to revise the Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
Native makes the application available as a mobile online venue for language learning where Members, both Students and Natives (as such terms are defined below), can locate and collaborate with each other and take advantage of the following services (collectively, the "Services"):
Connection Services. The app is also a venue where: (1) Members may upload information related to language learning (2) Members conduct searches and locate, connect with, choose, and engage each other for the purposes of language learning (3) Students conduct searches and locate, connect with, choose, and engage Nativess directly for language instruction; and (4) Nativess advertise their capabilities, respond to inquiries, and locate, connect with and engage to provide their Services directly to Students. In providing the Connection Services, Native only provides the venue for Students and Nativess to find and contract with each other. See the Site Policies for further descriptions of Connection Services.
Transaction Services. The app is also a venue where Native provides to Students and Nativess certain collaboration, feedback, credit purchase and payment tools, dispute resolution process and dispute assistance, and other Services (collectively, "Transaction Services"). Transaction Services does not mean Connection Services. See Payment Account Service Terms and Conditions, and Dispute Resolution Policy for further descriptions of Transaction Services.
For as long as Native continues to offer the Services, Native shall provide (and seek to update, improve and expand, in similar and different new ways) the Site and the Services which Native may update, improve, discontinue and change at any time, at Native’s sole discretion.
Our Services are available only to legal entities and individuals in business who can form legally binding contracts. To register for an Account with Native and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. Native reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
To become a Member and use the services available from the App you must register for an "Account". You must provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. You must safeguard the Member ID and password you use to access this app. We may rely on any use of the app with your Member ID and password as authorized by you.
You agree to pay all fees applicable to your use of the Native Services, and you agree not to circumvent Native’s fee structure, all in accordance with the Site and app Policies, and the Payment Account Service Terms and Conditions.
Native Provides the Venue
Native makes the App available as an online venue where Members locate and connect with each other and take advantage of the Services. Native is not involved in the dealing and contracting between Students and Natives, or in the Natives' delivery of Instruction Services to Students. Native has no control over and does not guarantee the quality, safety or legality of Instruction Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Natives to deliver Teaching Services, the ability of Students to pay for Teaching Services, or that a Student or Native can or will actually complete a transaction.
Performance of Member Contracts
Upon confirmation of session time and price by both the Student and the Native, the Student agrees to purchase, and the Native agrees to deliver, the Instruction Services in accordance with the Terms of Service (collectively the "Member Contract"). You agree not to enter into any contractual provisions in conflict with the Terms of Service. The Student and Native each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract. Furthermore, the Student and Native each acknowledges and agrees that the value, reputation, and goodwill of the App depend on their performance of the foregoing covenants and agreements. The Student and the Native therefore agree that Native app has the right to take such actions with respect to the Member Contract, including without limitation suspension, termination, or legal actions, as Native in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Directory of Natives
The App contains a directory of Natives. The directory is populated with information from third party sources, from Natives themselves and from other Members. Native provides this directory as a convenience and does not confirm or verify the information contained in it.
Third Party Content, Verification and Monitoring
Native has no editorial control over content provided by third parties. Native is not responsible for and does not monitor content for accuracy or reliability. Any opinions, advice, statements, Services, offers or other information or content express or made available by third parties, including Members, are those of the respective author(s) or distributor(s) and not of Native. Native neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this App by anyone other than authorized Native employees acting in their official capacities. Native does not confirm or verify if a Native claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
This App may contain links to other Web sites, Apps or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those Web sites, resources or services, including the online communication services, will be governed by the terms and policies of the Web site or resource or Native member. These services are owned and operated by the third party Native’s and their licensors. You acknowledge and agree that Native is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.
The Terms of Service and any registration for or subsequent use of this App will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Native, except and solely to the extent expressly stated.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site, App for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the App, or any services that are offered on the App without the prior express written permission of Native and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the App or any activities conducted on the App; or (d) bypass any measures we may use to prevent or restrict access to the App or any subparts of the App.
You are responsible for creation, storage, and backup of your business records. The Terms of Service and any registration for or subsequent use of this App will not be construed as creating any responsibility on Native's part to store, backup, retain, or grant access to any information or data for any period.
THE SERVICES PROVIDED BY NATIVE OR ANY OF OUR LICENSORS OR INSTRUCTORS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR INSTRUCTORS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
If you have a dispute with another Member, you release Native (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to defend, hold harmless and indemnify Native from and against any and all losses, costs, expenses, damages or other liabilities incurred by Native from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Native: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the App (ii) your decision to supply credit information via the App, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the App; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Native member; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Native. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
License and App Access
Subject to and conditioned on compliance with the Terms of Service, Native grants you a limited license to access and, if you are a Member, to use this App internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this App in any way for any public or commercial purpose without prior written consent of Native or the rights holder, unless such actions have previously been expressly permitted by Native or the rights holder for the content in question. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this App unless expressly permitted by law. This App or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Native.
Reservation of Rights; Limited Licenses
Native and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the App. The Native logo and name are trademarks of Native, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the App may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the Terms of Service confers any license under any of Native's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
If you have any questions, suggestions, reports of problems or complaints regarding any Native Services, your use of the App, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any Member, please contact Customer Service.
NOTICES AND COMMUNICATIONS
Unless you otherwise indicate in writing to Customer Service, Native will communicate with you by email or by posting communications on this App. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Native sends it to the email address you have provided to Native on this Site, or when Native posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from Native regarding violation, dispute or complaint within two business days, Native will have the right to terminate or suspend your Project or your registration.
All notices to Native intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
IIP Consulting Ltd
14 Herbert Street
Such notices to Native are deemed effective upon receipt.
RESOLUTION OF DISPUTES BETWEEN MEMBER AND NATIVE
If a dispute arises between you and Native, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and Native agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Native Services (a "Claim") in accordance with this section entitled "Resolution of Disputes Between Member and Native." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
Law and Forum for Disputes
The Terms of Service are governed in all respects by the laws of Ireland without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Native must be resolved by a court located in Ireland or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Ireland for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this App must be commenced within 30 days after it arises, or the cause of action is barred.
For any claim arising between you and Native (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than USD 10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes Between Member and Native," Native will be entitled to recover attorneys' fees and costs up to usd 10,000, provided that Native has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.
TERMINATION AND SUSPENSION
This Agreement shall become effective upon your acceptance or your use of the App, and shall continue until terminated by Native or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) Native shall continue to perform those Native Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay Native and any Native members for any Services for which you have engaged from Native or such members of Native in order to complete any such transactions.
Without limiting Native's other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration, and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site and App; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for Native or are contrary to the interests of the App or the Native user community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the App under the same Account, a different Account or reregister under a new Account.
Without limiting Native's other remedies, to the extent you engage in actions or activities which circumvent the Native Site or App or otherwise reduce fees owed Native under the Terms of Service, you will pay Native for all fees owed to Native and reimburse Native for all losses and costs (including any and all Native employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site and App. The material may be deleted along with all your previous posts and bids. The provisions entitled "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Resolution of Disputes between Member and Native," "General," "Audit Provisions and Maintaining Records" and "Payment Account Services Terms and Conditions" will survive termination of this Agreement.
NOTIFICATION OF NATIVE MEMBERS
You acknowledge and agree that the value, reputation and goodwill of the Site and App depend on transparency of Member registration status to all Members. You therefore agree as follows: IN THE EVENT NATIVE SUSPENDS OR TERMINATES YOUR REGISTRATION, NATIVE WILL HAVE THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED REGISTRATION STATUS AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.
Native, located in Ireland, is the provider of the electronic commercial service on this App. Members are notified, via this App, in advance regarding any applicable service charges. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact Native to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or contact us at Customer Service.
CERTAIN DEFINED TERMS
As used throughout the Agreement:
"Member Account" means the Native Account you open when you register to become a Member and use the Services.
"Native Services" means any of the above Services that are delivered by Native.
"Member" means a person or legal entity that registers for an Account.
"Native" means a Member that offers and delivers Teaching Services.
"Teaching Services" means all Services delivered by Natives.
"Payment Account" means the account created by the Member..
"Student" means a Member that investigates and purchases Teaching Services.
"User" means (1) a person who is a Member, using the Site and App on his or her own behalf, or (2) a person who is using the Site or App on behalf of a Member that is a company or organization.
"Visitor" means a person who is only visiting the Site or App, not a Member or User.
"you" means a Visitor or Member accessing the Site or App or using the Services on his or her own behalf; or, if the Services are used on behalf of a company or organization, "you" means the Member for which the Services are used and the User who accesses the Site or App on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site or App may not be legal for or by certain persons or in certain countries. Native will not be considered to have modified or waived any of our rights or remedies under the Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Native. No delay or omission by Native in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of Native, and any attempt to do so will be null and void. Native may assign this Agreement in its discretion.
Except for the payment of fees to Native, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in the Terms of Service are included for ease of reference only and have no binding effect. The Terms of Service and all documents referenced in the Terms of Service (including the Site and App Policies listed below) comprise the entire agreement between you and Native with respect to the use of this Site and App and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.
The Agreement hereby incorporates all terms and conditions, rules, policies, and guidelines on the Site, including:
• Payment Account Service Terms and Conditions
• Copyright Policy
• Registration Information
• Safeguarding Your Password
• Posting Information or Content
• Natives and Student Obligations
• Rating and Feedback System
• Providing Services
• Natives Service Fees
• Enforcement of Site Policies
• Dispute Resolution Process
• Contacting Customer Service
PAYMENT ACCOUNT SERVICE TERMS AND CONDITIONS
In addition to the Eligibility requirements described in the Terms of Service, Native's Payment Account Service (the "Payment Account Service") is intended solely for use on Native to purchase Native Services. You must not establish more than one Payment Account. A Payment Account is mandatory for purchasing Native Services.
A Payment Account may be used to pay Natives and to pay service fees, connect fees, currency exchange fees and wire transfer fees, and any other Services as may be added time to time onto the Site.
A Student may add USD to their Payment Account by any of the methods available on the App. The Student must reasonably intend that such amounts will be used to pay Native or Native members for Services purchased through the Site.
A Native may add to their Payment Account by directing that Students' payments for Services purchased on the App and received through the Payment Service be added to their Payment Account
Native provides the Payment Account Service and requires you to use it to purchase time, and to request and make payments of USD to and accept payments of USD from other Members, for the purchase and sale of Services through the App.
As a Student, you agree to pay fees for Native Services from the automated Native Payment Account Service at the end of a session. As a Native, you agree to request fees from Students for Native Services only through requests for payment on the Native Payment Account Service, and you agree to use this system for all Native-originated business, whether first-time, repeat or follow-on.
You acknowledge that: (1) Native is not a bank and the Payment Account Service is a payment service rather than a banking service; and (2) Native is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) NATIVE IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS.
By receiving or sending USD through the Payment Account Service or adding USD for your Payment Account, you authorize Native on your behalf to transfer the USD to the recipient that you designate, subject to the terms and conditions of this Agreement.
Native through its 3rd party partners acts as a payment provider by creating, hosting, maintaining, and providing the Payment Account Service to you via the Internet. Native does not have any control over the Native Services purchased or sold with the Payment Account Service, nor whether a Student or Native you are dealing with will actually complete the transaction. Nothing in the Payment Account Service will be deemed to constitute Native your agent with respect to any Native member Services purchased and sold by Users through the Site or App, or expand or modify any warranty, liability or indemnity stated in the Terms of Service.
You agree that you will not receive interest or other earnings on the USD in your Account.
How to Receive Payment for Services Using the Payment Account Service
To receive payment from a Student, you must use the Payment Account Service and you must follow the instructions and Payment Account Service links on the App and provide the information requested. As a Native, you acknowledge and agree that when you instruct Native to transfer USD from a Student using the Payment Account Service, such instruction is a representation that you have completed the applicable Services fully and satisfactorily.
How to Pay for Services Using the Payment Account Service
To pay a Native, you must use the Payment Account Service and you must follow the instructions and links on the App and provide the information requested. Unless you have a balance in your Payment Account, Native will ask to charge your credit card or PayPal for the necessary amount. By providing us with your credit card information, you authorize us to charge such credit card for the amounts stated on the applicable Payment Service web page.
As a Student, you acknowledge and agree that when you instruct Native to pay a Native using the Payment Account Service, such instruction: (1) is a representation that the Native has completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to Native to transfer USD to the Natives. Once Native has transferred USD to the Native, Native may not be entitled to demand return of the USD.
Authorized Payments are Final
Your use of the Payment Account Service constitutes your agreement to transfer USD for any amounts which you authorize us to charge against your Account and, as appropriate, your credit card, PayPal account, or any other payment method available on Native. Such payments, once authorized, ARE FINAL. No refunds will be given for USD purchased.
Native reserves the right to seek reimbursement from you as a Native, and you will reimburse Native, if Native discovers erroneous or duplicate transactions from any Student. Native may obtain such reimbursement by charging the applicable Native's Account, deducting amounts from future payments owed to the Native, or obtaining reimbursement from such Native by any other lawful means. Failure to pay for reimbursements of is cause for termination of Services.
USD Expiration Policy
USD's in a member account will be valid for as long as the member remains active on Native. If the member has not logged into his/her account at least once in the previous 6 months, the USD's will expire. For a member to keep their USD and account active, they must login at least once every 6 months to their Native account. USD on Native and Student accounts are then valid for another 6 months following the most recent login date.
The Payment Account Service operates in USD and therefore Native is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than USD, nor is Native responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or ACH when purchasing USD or withdrawing a USD balance.
Withdrawal of Funds
To withdraw funds from your Payment Account, you must request such funds using any of the withdrawal methods available on the App. Any such requests shall be subject to the conditions and restrictions contained on the App and in the Terms of Service. Notwithstanding any other provision of the Terms of Service, if Native determines in its sole discretion that a Member has violated the conditions and restrictions of the App or Terms of Service, Native will have the right to refuse to process the withdrawal.
Hold on Account Funds
Native reserves the right, at its sole discretion, to place a hold on funds if Native suspects monies were used in fraud or criminal activities. Native will release a hold as soon as practical.
Disputes Between Students and Nativess
Any disputes in connection with Services provided by Natives or payments made by Students remain between such Students and Natives. By using the Payment Account Service, you agree to follow the Dispute Resolution Process. You further acknowledge that Native will not be a party to any such dispute. Native will attempt to take the actions set forth in the Dispute Resolution Process, but Native will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. Native may, at its sole discretion, withhold or delay payment or continue to hold amounts or make payment or release amounts in the event of dispute between a Student and a Native.
Reservation of Rights
Native reserves the right to seek reimbursement from any Native member and Native member will reimburse Native if Native discovers erroneous or duplicate transactions for the amount of such transaction from such Native member. Native may obtain such reimbursement by deducting from future payments owed to such Native member, by reversing any credits to such Native member’s bank account, or by seeking reimbursement from such Native by any other lawful means.
If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact Customer Service.
Removal of Material for Which Copyright Infringement is Claimed
Native has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with applicable law. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www.getnative.co, please notify Customer Service with written notice as detailed within this subsection.
The information requested substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a native member that includes substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Natives to locate the material.
• Information reasonably sufficient to permit the native member to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
You agree to provide true, accurate and complete information as prompted by the Registration form for your Member Account and your Payment Account, and to update this information to maintain its truthfulness, accuracy and completeness. Native may suspend or terminate your Member Account or Payment Account if information you provide is not complete or accurate.
SAFEGUARDING YOUR PASSWORD AND PIN
You agree to safeguard the User ID and password you use to access this App and to purchase services. You authorize us to assume that any person using the App with your User ID and password either is you or is authorized to act for you. Further, the contents of your Member Account (including feedback), and User ID may not be transferred or sold to another party.
POSTING INFORMATION OR CONTENT
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting your general profile or teaching profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Students, Nativess, Native or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Students, native members, Native or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Native Site. Native is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Native is not responsible for and does not monitor or censor content for accuracy or reliability. Native reserves the right to remove or restrict access to any information, content or project posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if Native considers such information or content to be in violation of the Terms of Service. You agree NOT to do any of the following on the Site:
• Use Native to transmit any content or conduct any transaction that would violate any applicable law or regulation in any country.
• Post any listings that are fake, posted without the intention to award or complete the lessons or posted only to receive pricing information.
• Use Native to transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.
• Use Native to transmit any content related to or containing any adult or sexually explicit material.
• Use Native in any manner related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
• Post advertisements, solicitations or offers of full-time employment.
• Post false or misleading information about a product, service or service request.
• Post logos, seals or slogans from third parties on the Site or App unless such material is provided by Native or a Native partner, or you have received express written permission from Native to display such third-party logo, seal or slogan.
• Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
• Post or transmit unprofessional or offensive comments about a User, Member, Native member, Student, Native or any third party.
• Use Native to transmit any content that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
• Suggest or solicit another User to contact you directly in order to buy or sell Services outside of Native.
• Access, tamper with or use non-public or non-authorized areas of the Site or App. Unauthorized individuals attempting to access these areas of the Site or App may be subject to prosecution.
• Tamper with postings of other Users, Members or Native.
• Solicit or gather any User's or Member's information available from the Site or App, such as other Usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
• Do anything, which would create or impose an unreasonable or disproportionately large burden or load on the Site or App.
• Use robots, spiders, scrapers or other automated means to access information in our Site or App for any purpose without express written permission from Native.
• Post or introduce software on the Site or App that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or App or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or App or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or App or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
• Frame or link to the Site or App except as permitted in writing by Native.
• Impersonate or misrepresent your affiliation with any person or entity.
• Repeat any action after you receive warning or request to desist from Native, whether or not that action is explicitly prohibited in the policies stated on the Site or App.
• Fail to respond to an email from Native regarding violation, dispute or complaint within two business days.
• Use the Site or App if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site or App.
• Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site or App, or using feedback as an extortion mechanism).
• Copy, modify or distribute content from the Site or App, except for your own information and use, without the prior express written permission from Native.
• Violate any other policies stated on the Site.
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to Native or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site and App, Native must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site or App, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
NATIVE MEMBERS AND STUDENT OBLIGATIONS
You agree to: (a) abide by the Terms of Service and the processes and procedures described throughout the Site or App ; (b) be financially responsible for your use of Native and the delivery of Services; and (c) perform your obligations and complete the transaction as specified by the most recent agreed upon terms by the Native member and Student, unless such transaction is prohibited by law or by the Terms of Service. Upon completion of a Session, you agree to purchase the Services by transfer of a sufficient USD balance if you are a Student, or provide the Services if you are a Native, in accordance with the terms agreed to by the parties.
Native encourages open, complete and professional communication between Students and Natives. Students and Natives can use chat to clarify lesson, scope or any specific requirements. Open communication helps Natives to develop relevant curriculum and Students to make informed decisions. You are required to use Native to manage learning sessions and to maintain an electronic record of all written communication including clarifications and agreements around deliverables, milestones, timeframes, feedback, acceptance of deliverables and completion of milestones. Also, transcribe relevant, instant messages between the Student and the Native to maintain a record of what is agreed. In the event of a dispute, all written communication on Native will serve as the record for resolution of the dispute. A communication that is not referenced on Native cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.
RATING AND FEEDBACK SYSTEM
You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Native may calculate a composite feedback number based on these individual ratings. Natives agree to be rated by Students along several criteria, as determined by Native. Native provides its feedback and rating system as a means through which Users can express their opinions publicly, and Native does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Native's attention. You may be held legally responsible for damages suffered by other Native Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Native is not legally responsible for any feedback or comments posted or made available on this Site or App by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
• Leaving fake feedback for yourself or another User or Member such as using a secondary Username or other Native members to artificially raise the level of your own feedback or create negative feedback for another User or Member.
• Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, Native will consider removing feedback under the following scenarios:
• Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-Native related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
• Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
• Feedback or information posted is shown to have been left by any User who is in violation of Native's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
• Feedback or information posted is not directly related to transactions conducted through Native.
• Feedback or information posted makes any reference to actions taken or purported to be taken by Native or any law enforcement organization.
• When Native is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
• The User who left feedback provided Native with false contact information during the transaction period (as verified by Native) and cannot be contacted by Native.
• The User who left feedback is participating in a Native transaction with the intent of leaving feedback as part of a campaign to harass Native member(s) (as verified by Native).
• Negative feedback that was intended for another User only when the User responsible for the mistaken feedback contacts Native and places the same feedback for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Service to file a feedback review request.
If you wish to provide Services through Native, you must complete the Native registration process. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. From time to time, your Member Account may be subject to verification as well as editorial and feedback reviews. Native can suspend or terminate your Member Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service.
Guidelines for Creating a Course
You agree to utilize the following course creation guidelines:
• Write a specific, detailed course outline with clear scope, deliverables and lessons.
• Set expectations that you can meet or exceed.
When submitting your course you agree to:
• Not submit courses or lessons that are made with the intent to commit fraud. Doing so will result in immediate termination of your membership.
• Not offer your Services in exchange for good feedback or for free.
• Respond promptly, within one business day, to private messages from the Student.
• Respond promptly, within one business day, to any inquiry from Customer Service.
Violation of these guidelines may result in suspension or termination of the Project or of your Account. If you are aware of a potential violation, please contact Customer Service.
Guidelines for Providing your Services
You agree to utilize the following service provider guidelines:
• Once you have received a teaching request, use Native to manage the request and to maintain an electronic record of all written communication between you and the Student around scope, deliverables, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of sessions. Also, transcribe relevant conversations between you and the Buyer on Native to maintain a record of what is agreed. In the event of a dispute, all written communication on Native will serve as the statement of record.
• Inform the Student of your availability and committed response time.
• Inform the Student if a committed deliverable will be missed, offering an explanation and proposing a revised date.
• Inform the Student if you will be unavailable for more than one business day.
• Respond promptly, within 1 business day, to all session-related communication, whether from the Student or from Native.
• Utilize Native's Payment Service to maintain the privacy of your personal financial Account details; leverage Native's anti-fraud measures; maintain a record of all invoices and payments; add the project, feedback and transaction amount to your profile; and, in the event of a problem, have access to Native's Dispute Resolution process.
• Report any rating system violation by contacting Customer Service.
• After the session is completed, leave objective, balanced feedback.
Violation of these guidelines may result in suspension or termination of your Account. If you are aware of a potential violation, please contact Customer Service.
Native charges Natives a service fee based on the total amount you receive for your Services from the Student. Fees due to Native are deducted upon transfer of USD to the Native’s Payment Account. The balance shown on the Native’s Payment Account is the full balance after all fees have been deducted. Please contact Customer Service for the calculation of applicable fees. Native does not charge any fees for the Native to register or create a listing for their Services on Native.
Period of Exclusivity
IF YOU ARE A STUDENT, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF TEACHING SERVICES FOUND ON NATIVE, IF YOU SOLICIT OR PURCHASE ANY SERVICES FROM THE SAME NATIVES YOU WILL DO SO EXCLUSIVELY ON THE SITE OR APP, WHETHER SUCH SERVICES ARE RELATED TO THE PREVIOUS SERVICES, OR FOR NEW UNRELATED SERVICES.
IF YOU ARE A NATIVE, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF YOUR TEACHING SERVICES, IF YOU PROPOSE OR PROVIDE ANY SERVICES TO THE SAME STUDENT YOU WILL DO SO EXCLUSIVELY ON THE SITE OR APP WHETHER SUCH SERVICES ARE RELATED TO THE PREVIOUS SERVICES, OR FOR NEW UNRELATED SERVICES.
Circumvention of Service Fees
You agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:
• Suggesting or soliciting Students to hire you outside the Native system.
ENFORCEMENT OF TERMS OF SERVICE
We may suspend or cancel your Member Account and/or Payment Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting Native's other remedies, we will suspend or terminate your Member Account and/or Payment Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site or App; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Native. Once suspended or terminated, you may not continue to use the Native service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or App or otherwise reduces service fees owed Native under the Terms of Service, that User or Member will be liable to Native for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of Native membership. Native reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.
DISPUTE RESOLUTION PROCESS
How to Avoid Disputes
Disputes often arise due to miscommunication and can often be resolved amicably between the parties. Native recommends the following steps to avoid disputes:
• Answer clarifying questions from Natives or Students in a timely fashion.
• Evaluate Natives against criteria important to you, such as a Native's experience, education, portfolio, certifications, references, feedback from prior Students, location, and communication style.
• Ask for the Student's and Native's time availability and standard response times.
• Maintain open lines of communication. Be clear about your expectations and check in frequently with the other party. Do not leave anything to assumptions.
• Once you have agreed to terms, use Native to maintain an electronic record of all written communication between the Native and student around scope, deliverables, time frames, feedback, revisions, schedule changes, vacations, availability. In the event of a dispute, all written communication on Native will serve as the statement of record.
• Document any changes in agreed upon terms in writing.
• Utilize Native's Payment Account Service to maintain the privacy of your personal financial details; leverage Native's anti-fraud measures; maintain a record of all payments; and, in the event of a problem, have access to Native's Dispute Judgment process.
What if I Have a Dispute?
In the event that you have a dispute with another User, the Dispute Resolution Process consists of two phases:
• Member Resolution – The Student and Native will communicate and reach agreement on whether a USD refund to the Student Payment Account is acceptable.
• Native Dispute Judgment – If the Student and Native cannot agree, then the dispute is brought to the attention of Native. Native will review all submitted materials pertaining to the Dispute and make a final ruling.
For all disputes you must be aware of the following key dates:
"Session Date" means the date on which the agreed upon Session between the Native and Student occurred or was scheduled to occur.
"Dispute Initiation Limitations Date" means the date seven (7) days following the Session Date. A Student does not have a right to initiate a dispute after the Dispute Initiation Limitations Date. The time that the Dispute Initiation Limitations Date expires is exactly 168 hours (or seven full days) after the end or scheduled end of the Session in dispute. If no dispute has been initiated by the Student before the Dispute Initiation Limitations Date, then the Session will be considered fully valid and the Native will receive their payment. No further disputes will be heard in this case and the Student does not have the right to ask for Native Dispute Judgment.
"Contest Dispute Limitations Date" means the date fourteen (14) days following the Dispute Initiation Limitations Date. A Native may contest the dispute before the Contest Dispute Limitations Date. The time that the Contest Dispute Limitations Date expires is exactly 336 hours (or fourteen full days) after the Dispute Initiation Limitations Date. If the Native fails to respond to a dispute before the Contest Dispute Limitations Date, then the dispute will be considered fully valid and the USD will be returned to the Student's Payment Account minus Native’s fees. No further disputes will be heard in this case and the Native does not have the right to ask for Native Dispute Judgment
Native Dispute Judgement
Dispute Judgment. In the case where a Student has initiated a dispute and the Native has contested the dispute in a timely fashion, Native will review materials sent by parties regarding the session in question to help render its judgment. Native may, at is sole discretion, ask the Student and the Native to provide any additional materials regarding the dispute. Native will make a ruling within 30 business days of the Contest Dispute Limitations Date and authorize release of USD to the Native's Payment account if it finds in favor of the Native, or return USD to the account of the Student if it finds in favor of the Student. Native will be a neutral third party and will have no further obligations. No Native employee is authorized to make any recommendation or guaranty regarding the dispute.
In the event Native contacts the Native and Student to schedule a call to re-establish communication, Native and Student will have three business days following contact from Native to agree to a conference call during Native's normal business hours. In the event both parties fail to agree and participate in such a call within three business days, Native will promptly schedule a required call during Native's normal business hours within three more business days. In the event one party participates in such call ("Participating Party") and the other does not ("Non-Participating Party"), then: (1) Non-Participating Party will be deemed to have agreed to the Release sought by the Participating Party; (2) Non-Participating Party will be deemed to have authorized Native to, and Native will, make the Release sought by the Participating Party; and (3) Native will have the right to terminate or suspend the Non-Participating Party's Member Account.
Noncompliance and Abuse
Improperly Filed Claims. All claims between you and the Opposing Party must be resolved in accordance with the terms on this page. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the Opposing Party may recover attorneys' fees and costs up to USD 10,000, provided that the Opposing Party has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
Abuse. If you initiate an excessive number of disputes, Native reserves the right to terminate this Agreement immediately upon giving notice to you. However, any disputes that existed prior to termination will be subject to these terms.
Feedback dispute. If you are involved in a dispute involving feedback, please refer to the Rating and Feedback System section in the Site Policies to find out in what circumstances Native will consider removing feedback.
CONTACTING CUSTOMER SERVICE
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact Native Customer Service as follows: